Renter has money but won't pay - Cash for keys / eviction advice

[Ryan G.]

My renter's wife contacted me early to let me know they were going to be late with the rent payment. I understood, and just advised the $5 per day late fee(I'm very fair and understanding). The 10th comes around and I message her on her payday; she then has a story that her wages were garnished due to an unpaid loan that she'd "forgotten" about(in my mind I doubted she had 'forgotten'). She then asked that I provide a letter to her so she could perform a hardship withdrawal from her 401k, to get me the rent money. After researching, I obliged and provided the letter, citing back rent plus the upcoming rent payment. She sent me a screenshot that the check was being overnighted by Fedex, should've arrived 3 days ago.

She wouldn't provide me the actual tracking number, and now she continues to claim that she hasn't received the check yet(I highly doubt this). They're now 14 days late.

So far they've been good renters for 8 months and I've been a good landlord; so I'm not sure why the sudden change. They both work full time and the rent isn't high by any means. I haven't spoken to the husband this month, I'm wondering if this is all going under the table without his knowledge; planning on reaching out to him later today.

I'm trying to decide how to proceed appropriately; to prepare if I have to evict, but to also provide a path to restore the situation so that they can stay in the house; or move to a cash for keys arrangement. I haven't sent any documents other than emailing her the letter for her 401k department.

I could use some advice.

[Patricia Steiner]

I recommend sending them a Notice To Quit for Non-Payment of Rent.  I hope you'll do it today.  Some people see kindness as a sign of weakness - and it appears that they have not been intellectually honest with you.  Send her the Notice via email and also by certified mail with delivery confirmation requested.  The only way to get this situation back on track is to make it clear that rent is due on the 1st and that you will no longer tolerate delinquency  - so paying you on time is not optional.  

If you don't receive rent at the end of the period stipulated by your state's landlord-tenant laws, let them know you're starting the eviction process.  It appears that the only way the "lender" got paid was via obtaining a judgement and garnishing wages.  If she has 401K assets, why didn't she withdraw funds to cover that debt as well?  Stand your ground with them or they'll pay everyone else and keep the "nice guy" waiting.